POSSESSION/CONDITION OF PROPERTY. On the Closing Date, Seller will transfer possession of the Property to Buyer. Auctioneer will deliver keys (if applicable) to any locks on the Property within five (5) business days after Closing. BUYER IS ACQUIRING THE PROPERTY “AS IS, WHERE IS”, IN ITS PRESENT STATE AND CONDITION, WITH ALL DEFECTS, BOTH PATENT AND LATENT, AND WITH ALL FAULTS OF THE PROPERTY WHETHER KNOWN OR UNKNOWN, PRESENTLY EXISTING OR THAT MAY HEREAFTER ARISE INCLUDING, WITHOUT LIMITATION, ALL EXISTING CONDITIONS, IF ANY, OF LEAD PAINT, MOLD OR OTHER ENVIRONMENTAL OR HEALTH HAZARDS (“Environmental Matters”). NEITHER SELLER NOR SELLER’S EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUCCESSORS, ASSIGNS, SALESPEOPLE OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PROPERTY, INCLUDING WITHOUT LIMITATION: (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY; (B) THE INCOME TO BE DERIVED FROM THE PROPERTY; (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL PURPOSES, ACTIVITIES AND USES WHICH BUYER MAY CONDUCT THEREON; (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY; (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, TENANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY; (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY; (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY; (H) THE EXISTENCE OF ANY VIEW FROM THE PROPERTY OR THAT ANY EXISTING VIEW WILL NOT BE OBSTRUCTED IN THE FUTURE; (I) THE STRUCTURAL INTEGRITY OF ANY IMPROVEMENTS ON THE PROPERTY, (J) THE CONFORMITY OF THE IMPROVEMENTS TO ANY PLANS OR SPECIFICATIONS FOR THE PROPERTY THAT MAY BE PROVIDED TO BUYER, (K) THE CONFORMITY OF THE PROPERTY TO APPLICABLE ZONING OR BUILDING CODE REQUIREMENTS, (L) THE EXISTENCE OF SOIL INSTABILITY, PAST SOIL REPAIRS, SUSCEPTIBILITY TO LANDSLIDES, SUFFICIENCY OF UNDER-SHORING, SUFFICIENCY OF DRAINAGE, OR ANY OTHER MATTER AFFECTING THE STABILITY OR INTEGRITY OF THE LAND OR ANY BUILDINGS OR IMPROVEMENTS SITUATED THEREON, (M) WHETHER THE PROPERTY IS LOCATED IN A HISTORIC PRESERVATION DISTRICT OR SUBJECT TO SPECIAL REGULATIONS RELATED TO HISTORIC PRESERVATION, OR (N) WHETHER THE PROPERTY IS LOCATED IN A SPECIAL STUDIES ZONE UNDER THE PUBLIC RESOURCES CODE...
POSSESSION/CONDITION OF PROPERTY. Seller shall deliver possession of the Property to Buyer on the closing date, in the same condition as existed on the date of this Agreement.
POSSESSION/CONDITION OF PROPERTY. The Seller shall deliver possession of the Property to the Buyer at Closing in the same condition as the Property existed on the date of execution of this Purchase Agreement, subject to the removal by the Seller of all above-ground fuel tanks and the salt shed from the Property prior to Closing in accordance with Section -4G. - and the terms of the Ammunition Clean Up Agreement to be delivered at closing in accordance with Section -4K, the Property will be sold “As-Is.” The Buyer acknowledges that Seller - provided copies of the environmental assessments Phase I Environmental Site Assessment, conducted by Nova Consulting (Nova Project No. E12-3284), Limited Phase II Subsurface Investigation, conducted by Nova Consulting (Nova Project No. E12-3919), and Construction Contingency Plan, conducted by Nova Consulting (Nova Project No. E15-5066), to the Buyer, and that the Buyer had sufficient time and opportunity to fully review and consider said documents. Upon - Closing, the Buyer agrees to fully and exclusively assume any and all current or future costs, known or unknown to the Buyer, associated with any necessary remediation or cleanup of - of any known or unknown hazardous substance, pollutant, or contaminant on the Property. The Buyer acknowledges that an existing well and septic tank -will remain on the Property.
POSSESSION/CONDITION OF PROPERTY. Except as hereinafter provided, Landlord -------------------------------- shall deliver possession of the Property in the condition required by this Lease on or before the Commencement Date. As of the Commencement Date the Building, including any improvements thereto, and all heating and air conditioning equipment and all plumbing, electrical and other mechanical facilities which are part of or service the Property are, to the knowledge of Landlord, in good operating condition and repair and do not require any material repairs other than routine maintenance. Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment owned by Tenant and abandoned thereon at the expiration of the Lease.
POSSESSION/CONDITION OF PROPERTY. At Closing, Seller will transfer possession of the Property to Purchaser in AS IS, WHERE IS condition, with all faults as further described in section 8(h) and 22 below subject to the Leases (and all tenancies and occupancies claiming through any of the tenants under said Leases) and the Permitted Encumbrances.
POSSESSION/CONDITION OF PROPERTY. Seller has delivered possession of the Property to Purchaser on the Closing Date in materially the same condition as it was thirty (30) days prior to the Closing Date. Seller has repaired any damage caused by the installation, operation or removal of any equipment, machinery, fixtures or other items which were not part of the Property to be conveyed hereunder (“Removed Items”) from the Improvements to the reasonable satisfaction of Purchaser.
